Case Summary
The plaintiff Chandrababu.S filed a suit against the defendants Shobha.S and Sajeev.N for the realization of money. The defendants allegedly issued a cheque that was dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.1,50,000/- with interest at the rate of 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, who is entitled to realize Rs. 1,50,000 along with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff proved the existence of a legally enforceable debt through sufficient evidence.
The plaintiff proved the existence of a legally enforceable debt through sufficient evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It is evident from Ext.A2 that the cheque (Ext.A1), issued in the name of the plaintiff, was returned by the bank due to insufficient funds.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) with interest at the rate of 12% per annum for the principal amount...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chandrababu.S
- Party Age
- 47
- Party Role
- Defendant
- Party Name
- Shobha.S
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sajeev.N
- Party Age
- 50
- Relation
- H/o
Plaintiffs Documents
The Original Cheque and Dishonour Memo
Defendants Documents
Copy of Plaint in OS. 173/2018
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.B.Shanavas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.R.Jayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount of Rs.1,50,000/- along with interest.
Evidence:
Therefore, he is entitled to get a decree for the amount as sought for, against the defendants.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was allegedly issued by the defendants in discharge of their liability.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Copy of Plaint in OS. 173/2018
Submitted By:
Defendant
Relevance:
This document is relevant to the defendants' argument of collusion and prior financial dealings.
Reference:
Ext.B1
Document Type:
Certificate under Banking Evidence Act
Submitted By:
Unknown
Relevance:
This certificate was used as third party evidence in the case.
Reference:
Ext.X1 series
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Cheque dishonour
Case Code
Case between Chandrababu.S vs Shobha.S et al regarding Realisation of Money
Case Code Year
Case between Chandrababu.S vs Shobha.S et al regarding Realisation of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act